You ask whether certain information is subject to required public disclosure under the
Public Information Act, chapter 552 of the Government Code. Your request was assigned
ID# 137902.

The City of Laredo (the "city") received a request for certain records pertaining to a named
police officer. You assert that the requested documents are excepted from disclosure
pursuant to sections 552.101, 552.102, 552.108, 552.117 and 552.119 of the Government
Code. We have considered the exceptions you claim and reviewed the submitted
information.

Section 552.101 excepts from disclosure "information deemed confidential by law, either
constitutional, statutory, or by judicial decision." This section encompasses information
protected by other statutes. You assert that the documents in the requested file are
confidential under section 143.089 of the Local Government Code. In relevant part that
statute reads:

(a) The director or the director's designee shall maintain a personnel file on
each fire fighter and police officer. The personnel file must contain any
letter, memorandum, or document relating to:

(1) a commendation, congratulation, or honor bestowed on the fire
fighter or police officer by a member of the public or by the
employing department for an action, duty, or activity that relates to
the person's official duties;

(2) any misconduct by the fire fighter or police officer if the letter,
memorandum, or document is from the employing department and if
the misconduct resulted in disciplinary action by the employing
department in accordance with this chapter; and

(3) the periodic evaluation of the fire fighter or police officer by a
supervisor.

(b) A letter, memorandum or document relating to alleged misconduct by the
fire fighter or police officer may not be placed in the person's personnel file
if the employing department determines that there is insufficient evidence to
substantiate the charge of misconduct.

(c) A letter, memorandum, or document relating to disciplinary action taken
against the fire fighter or police officer or to alleged misconduct by the fire
fighter or police officer that is placed in the person's personnel file as
provided by subsection (a)(2) shall be removed from the employee's file if
the commission finds that:

(1) the disciplinary action was taken without just cause; or

(2) the charge of misconduct was not supported by sufficient
evidence.

(g) A fire or police department may maintain a personnel file on a fire fighter
or police officer employed by the department for the department's use, but
the department may not release any information contained in the department
file to any agency or person requesting information relating to a fire fighter
or police officer. The department shall refer to the director or the director's
designee a person or agency that requests information that is maintained in
the fire fighter's or police officer's personnel file.

In the instant case, because no disciplinary action has been taken against the police officer
as a result of the investigation, the documents cannot be held in the officer's 143.089(a)
personnel file. Local Gov't Code §§ 143.089(b),(c)(2). Therefore, we conclude that the
requested information is confidential pursuant to section 143.089(g) of the Local
Government Code and must be withheld from disclosure under section 552.101 of the
Government Code. Because section 552.101 is dispositive, we do not address your other
claimed exceptions.

This letter ruling is limited to the particular records at issue in this request and limited to the
facts as presented to us; therefore, this ruling must not be relied upon as a previous
determination regarding any other records or any other circumstances.

This ruling triggers important deadlines regarding the rights and responsibilities of the
governmental body and of the requestor. For example, governmental bodies are prohibited
from asking the attorney general to reconsider this ruling. Gov't Code § 552.301(f). If the
governmental body wants to challenge this ruling, the governmental body must appeal by
filing suit in Travis County within 30 calendar days. Id. § 552.324(b). In order to get
the full benefit of such an appeal, the governmental body must file suit within 10 calendar
days.Id. § 552.353(b)(3), (c). If the governmental body does not appeal this ruling and the governmental body does not comply with it, then both the requestor and the attorney general have the right to file suit against the governmental body to enforce this ruling. Id. § 552.321(a).

If this ruling requires the governmental body to release all or part of the requested
information, the governmental body is responsible for taking the next step. Based on the
statute, the attorney general expects that, within 10 calendar days of this ruling, the
governmental body will do one of the following three things: 1) release the public records;
2) notify the requestor of the exact day, time, and place that copies of the records will be
provided or that the records can be inspected; or 3) notify the requestor of the governmental
body's intent to challenge this letter ruling in court. If the governmental body fails to do
one of these three things within 10 calendar days of this ruling, then the requestor
should report that failure to the attorney general's Open Government Hotline, toll free, at
877/673-6839. The requestor may also file a complaint with the district or county attorney.
Id. § 552.3215(e).

If this ruling requires or permits the governmental body to withhold all or some of the
requested information, the requestor can appeal that decision by suing the governmental
body. Id. § 552.321(a); Texas Department of Public Safety v. Gilbreath, 842 S.W.2d 408,411 (Tex. App.-Austin 1992, no writ).

If the governmental body, the requestor, or any other person has questions or comments
about this ruling, they may contact our office. Although there is no statutory deadline for
contacting us, the attorney general prefers to receive any comments within 10 calendar days
of the date of this ruling.